Published tribunal order
Tenancy Tribunal case 5429619 — Rent arrears at 54 John Gray Street, Papakura, Papakura 2110
Published 5 March 2026 · Application 5429619
Landlord favoured
- Rent arrears
Order
- Eseta Mau owes Doanh Duc Nguyen $11,728.00 (“the debt”) being rent arrears of $11,700.00 to Wednesday 11 March 2026 and the filing fee of $28.00.
- Eseta Mau must pay rent and the debt as follows: a. By weekly payments of $1,050.00, being $900.00 for rent and $150.00 for the debt. b. Payments will be every Thursday, with the first payment due on or before 5pm on Thursday 12 March 2026.
- Payments will be allocated in the following order: current rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 54 John Gray Street, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
- After the end of the tenancy, whether pursuant to this order or otherwise, Eseta Mau must continue to pay Doanh Duc Nguyen $1,050.00 each week, until the debt is paid.
- If, after the end of the tenancy, the tenant fails to make a weekly payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- Both parties attended the hearing today.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. Conditional Termination
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order.
- The tenant explained the difficulties she has faced. She says that her circumstances have now changed for the better. The tenant says she will restart weekly rent payments of $900.00 next week and is able to pay an additional $150.00 each week towards the arrears.
- On this basis, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach.
- I note that the landlord has served a 90-day notice of termination, which I was told was given on 10 February 2026 and will expire on 10 May 2026. As discussed at the hearing, the tenant remains liable under this order to pay $1,050.00 each week until the arrears of $11,700.00 are paid. Filing Fee
- The landlord has obtained a conditional termination order. It is appropriate that the landlord is awarded the filing fee.